Law: Criminal Procedure Code (V of 1898)

Section: 249-A,265-K,417

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 249-A, 265-K & 417---Acquittal invoking provisions of S. 249-A or S. 265-K, Cr.P.C.---Scope---Appeal against acquittal---Complainant preferred appeal against the acquittal order/judgment passed by the Judicial Magistrate on an application under S. 249-A, Cr.P.C. moved by the accused persons (respondents)---Validity---Record revealed that as many as six witnesses were produced by the complainant including himself, however, in the middle of trial, the Trial Court, in a very hasty and casual manner, entertained the application submitted by the respondents (accused persons) under S. 249-A of the Criminal Procedure Code, 1898; and thereby acquitted them of charges---Trial Court passed impugned order even without waiting for statements of the concerned doctor who had examined the injured victim as well as the Investigating Officer whose evidence for the fate of prosecution's case was surely essential---Trial Court was to record reasons in support of conclusion that the charge was groundless or that there was no probability of accused being convicted---If there was remote probability of conviction then courts were not empowered to invoke the provision of S. 249-A or 265-K of the Criminal Procedure Code, 1898---In the present case, Trial Court disrupted the normal course against the mandate of law---High Court set aside the impugned acquittal order and remanded the case back to the Trial Court to decide the same on merits after recording remaining evidence or/and at least recording statements of the concerned doctor and Investigating Officer---Appeal under S. 417 of the Criminal Procedure Code, 1898, filed by the complainant was allowed, in circumstances. The State through Advocate-General, Sindh High Court of Karachi v. Raja Abdul Rehman 2005 SCMR 1544; Bashir Ahmad v. Zafar ul Islam PLD 2004 SC 298; The State through Collector Customs and Excise, Quetta v. Azam Malik and others PLD 2005 SC 686; Muhammad Sharif v. The State PLD 1999 SC 1063; Ghulam Farooq Tarar v. Rizwan Ahmad and others 2008 SCMR 383; Muhammad Amjad v. The State 1992 PCr.LJ 331 and Syed Anwar Ali Shah v. Yar Muhammad and 3 others 1986 PCr.LJ 1278…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492